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Civil procedure

compel arbitration

A person or entity seeking to compel arbitration under the Federal Arbitration Act—or under a state law arbitration statute—generally must establish that a valid arbitration agreement exists and that the person or entity’s claims are within the scope of the arbitration agreement. A party typically initiates an arbitration proceeding by filing the arbitration case with the agreed-upon administrator of the arbitration (AAA, JAMS, FINRA), or by filing a motion to compel arbitration when another party has initiated a legal action in court (a lawsuit).

In Louisiana (LA), as in other states, the Federal Arbitration Act (FAA) and state law govern the enforcement of arbitration agreements. To compel arbitration, the party seeking it must demonstrate that a valid arbitration agreement exists between the parties involved and that the specific claims fall within the scope of that agreement. The process usually begins by filing the case with an arbitration organization such as the American Arbitration Association (AAA), JAMS, or the Financial Industry Regulatory Authority (FINRA), depending on the terms specified within the arbitration agreement. If a party has initiated a lawsuit in court despite an existing arbitration agreement, the other party can file a motion to compel arbitration in court to enforce the agreement. Louisiana courts will evaluate the arbitration agreement's validity and scope before ordering the parties to proceed with arbitration.

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Civil procedure

compel arbitration

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Louisiana State Code

Louisiana State Code

Civil procedure

compel arbitration

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